Obtaining Virginia restricted driving privileges after a federal DWI conviction
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Fairfax DWI attorney/ Virginia criminal lawyer on Virginia restricted driving for federal DWI cocnvictions
It is a pain enough to receive a federal DWI conviction than also having to come to state court to seek restricted Virginia driving privileges.
Unfortunately, Virginia statutory law requires a revocation of Virginia driving privileges (or revocation of all driving privileges for Virginia licensees) for anybody receiving a federal or non-Virginia DWI conviction under a law similar to Virginia’s DWI law. Va. Code § 46.2-389
With such a license revocation generally comes the opportunity to ask the Virginia General District court in the county where the licensee resides, to issue a restricted driving license for limited purposes. § 18.2-271.1. Unfortunately, the law providing this option in 2015 was amended to require the ignition interlock to commence with such restricted driving.
How does the Virginia Department of Motor Vehicles learn of non-Virginia DMV convictions in the first place? When it comes to federal DWI convictions, probation agents typically direct Virginia licensees to enroll in the Virginia Alcohol Safety Action Program (VASAP), which apparently reports federal DWI convictions to the Virginia Department of Motor Vehicles.